The War as Holy Writ

Victory Day parade in Moscow, May 9, 2016

Communists Propose Equating Feelings of War Veterans with Feelings of Religious BelieversGrani.ru
May 8, 2016

A group of Communist Party MPs plans to submit a law bill to the State Duma that would criminalize insulting the feelings of war veterans and stipulate a punishment of up to three years of forced labor. As Gazeta.ruwrites, if the draft law is adopted, Article 148 of the Criminal Code (violating the right to freedom of conscience and religion) would be amended.

The newly amended article, 148.1, is entitled “Insulting the feelings of Great Patriotic War [Second World War] veterans.” The Communists will send the bill to the government and the Supreme Court for review on May 10, immediately after the holidays.

There are three paragraphs in the new law. The first paragraph stipulates punishment for “public actions expressing clear disrespect for society and committed with the intent of insulting the feelings of Great Patriotic War veterans by deliberately distorting information about the Great Patriot War, or humiliating or belittling the heroism of the Armed Forces of the USSR.”

Violation of the law would be punishable by a fine of up to 300,000 rubles, or up to 240 hours of community service, or up to one year of forced labor.

The second paragraph stipulates criminal liability for “dismantling, moving, destroying or damaging Great Patriotic War monuments,” even if they are not listed as Great Patriotic War cultural heritage sites. In this case, a violation would be punishable by a fine of up to one million rubles, or up to 360 hours of community service, or up to one year of forced labor.

The maximum penalties are prescribed in paragraph three and cover the same actions, as listed above, if they are performed on May 9, or involve the abuse of office, or are committed by someone who has already been convicted of the same violation. In this case, the offender faces a fine of up to four million rubles, or up to 480 hours of community service, or up to three years of forced labor, and a ban on holding certain positions during the period in question.

Communist Sergei Obukhov, who is spearheading the initiative, coauthored the law on “insulting the feelings of religious believers,” adopted by the Duma in 2013 in the wake of the Pussy Riot trial.

In the explanatory note to the new law, Obukhov defends the need to protect the feelings of war veterans, drawing parallels with the adoption of law on insulting the feelings of religious believers. According to him, that law “does not extend to the belief in goodness and justice, the ideals for which the veterans of the Great Patriotic War fought.”

According to Obukhov, he and his colleagues have tried to draft the most non-repressive law possible, so the punishments stipulated do not include imprisonment. Obukhov calls the bill a “full-fledged legal mechanism for defending their truth about that terrible war as well as criminal protection of their honor and dignity.”

In November 2013, A Just Russia MP Oleg Mikheyev proposed punishing those who insulted the memory of the Great Patriotic War with up to seven years in prison or a fine of one million rubles. Mikheyev submitted a draft of amendments to the Criminal Code and Criminal Procedural Code to the State Duma.

Mikheyev proposed adding an article entitled “Insulting the memory of the Great Patriotic War” to the Criminal Code. The offense was described as follows: “Actions expressing clear disrespect for society and insulting the memory of the events, participants, veterans, and victims of the Great Patriotic War, and committed at the sites of Great Patriotic War monuments and the burial grounds of those involved in the Great Patriotic War.”

The draft law stipulated a fine of between 500,000 and one million rubles or the amount of the convicted offender’s income for a period of three to four years, or a prison term of up to seven years. Mikheyev explained this choice by analogy with Criminal Code Article 148 (insulting the feeling of religious believers), “insofar as both articles deal with the spiritual realm of human life, the realm of values.” As an example of “insulting the memory” of the war, he cited the articles of journalist Alexander Podrabinek.

In April 2014, Irina Yarovaya, head of the Duma’s security and anti-corruption committee, proposed criminalizing “desecration of days of Russian military glory and memorable dates” connected with the Great Patriotic War. The United Russia MP said the relevant amendments would be inserted into a draft law on “rehabilitating Nazism” during its second reading.

“We will propose equating liability for this crime with the liability for desecrating burial sites dedicated to the fight against fascism [sic] or victims of Nazism,” said Yarovaya.

Individuals accused of “desecrating days of military glory” were to face up to three years in prison, forced labor of up to five years, arrest for a period of three to six months, or five years in a penal colony.

Yarovaya said she had found a post on a social network containing a negative assessment of the May 9 holiday.

“I think such statements should be assessed not just morally or ethically, but from the viewpoint of criminal law,” Yarovaya said in this connection. “Because it is a deliberate crime aimed at desecrating the memory of the Great Patriotic War.”